Sean Marotta
@smmarotta.bsky.social
Partner with Hogan Lovells's Appellate and Administrative Litigation groups. Banner image by Art Lien. My GC wants you to know that my postings are my own and do not necessarily represent the views or positions of Hogan Lovells, clients, or personnel.
On the one hand, it really doesn't matter, because I am measured by whether I hit my metrics, not when I do my hours.
On the other hand, so many offices are open on a court and government holiday. Why?
On the other hand, so many offices are open on a court and government holiday. Why?
February 16, 2026 at 3:42 PM
On the one hand, it really doesn't matter, because I am measured by whether I hit my metrics, not when I do my hours.
On the other hand, so many offices are open on a court and government holiday. Why?
On the other hand, so many offices are open on a court and government holiday. Why?
Reposted by Sean Marotta
These are our people
February 15, 2026 at 11:16 PM
These are our people
Are you general jurisdiction? Because when we're together, I feel at home.
February 14, 2026 at 11:01 PM
Are you general jurisdiction? Because when we're together, I feel at home.
A rare unicorn in the appellate world: In-house appellate counsel. With a terrific team, too.
walmart.wd5.myworkdayjobs.com/WalmartExter...
walmart.wd5.myworkdayjobs.com/WalmartExter...
Lead Counsel - Appellate and Complex Tort and Employment Litigation
Position Summary... The Lead Counsel – Appellate and Strategic Tort and Employment Litigation role is critical for developing and driving a consistent strategy across the litigation portfolio, as well...
walmart.wd5.myworkdayjobs.com
February 14, 2026 at 12:32 AM
A rare unicorn in the appellate world: In-house appellate counsel. With a terrific team, too.
walmart.wd5.myworkdayjobs.com/WalmartExter...
walmart.wd5.myworkdayjobs.com/WalmartExter...
A new article from @marinklevy.bsky.social on judicial administration? Self-recommending, as the kids say!
*So* excited “Local Rulemaking” — coauthored with the truly wonderful @zclopton.bsky.social — is now out in the Duke Law Journal . . .
(Ever wonder how local rules get made? So did we . . . )
(Ever wonder how local rules get made? So did we . . . )
scholarship.law.duke.edu
February 13, 2026 at 7:36 PM
A new article from @marinklevy.bsky.social on judicial administration? Self-recommending, as the kids say!
This is going to take off, but it's not a health insurance thing! It's the recommendation of both the U.S. Preventative Services Task Force and American Cancer Society.
Chadwick Boseman and James van der Beek both died in their 40s of an illness that's treatable if a colonoscopy catches it but almost no insurer covers them for people under 45, this is what Engels meant by "social murder"
February 12, 2026 at 7:41 PM
This is going to take off, but it's not a health insurance thing! It's the recommendation of both the U.S. Preventative Services Task Force and American Cancer Society.
THE COURT: Do you have a case that supports that argument, Mr. Marotta?
ME: The Dow is over 50,000 right now. The S&P at almost 7,000, and the Nasdaq smashing records. That's what we should be talking about.
ME: The Dow is over 50,000 right now. The S&P at almost 7,000, and the Nasdaq smashing records. That's what we should be talking about.
February 12, 2026 at 4:10 PM
THE COURT: Do you have a case that supports that argument, Mr. Marotta?
ME: The Dow is over 50,000 right now. The S&P at almost 7,000, and the Nasdaq smashing records. That's what we should be talking about.
ME: The Dow is over 50,000 right now. The S&P at almost 7,000, and the Nasdaq smashing records. That's what we should be talking about.
Reposted by Sean Marotta
Reposted by Sean Marotta
With today's release of #SCOTUS's April argument lineup, the court has officially agreed to hear *62* cases this term, the fewest since the Civil War. The court extended deadlines in an Intel Corp. retirement benefits case, bumping arguments to next term. www.law360.com/articles/243...
February 11, 2026 at 4:28 PM
With today's release of #SCOTUS's April argument lineup, the court has officially agreed to hear *62* cases this term, the fewest since the Civil War. The court extended deadlines in an Intel Corp. retirement benefits case, bumping arguments to next term. www.law360.com/articles/243...
The FAA's "there is no threat to commercial aviation" tweet has people asking many questions already answered by the tweet.
February 11, 2026 at 2:25 PM
The FAA's "there is no threat to commercial aviation" tweet has people asking many questions already answered by the tweet.
Hm. What does this tell us about the name "interim docket"?
Even if the rulings on the court's interim docket are theoretically only temporary, they can have lasting, if not permanent, consequences.
An interim docket with long-term effects
Last week, the Supreme Court issued a one-sentence order that cleared the way for California to use a new congressional map intended to add five Democratic seats in the U.S. […]
www.scotusblog.com
February 10, 2026 at 2:45 PM
Hm. What does this tell us about the name "interim docket"?
Current state of law is more-complicated than this. The D.C. Circuit in United States v. Thorpe, 148 F.4th 768 (D.C. Cir. 2025) explained that a Rule 48(a) motion while a case is on direct appeal to #SCOTUS is allowable so long as SCOTUS first vacates under 28 U.S.C. § 2106. /1
Rule 48(a) encodes the then-existing common law, under which the prosecutor could dismiss a case "at any time before the jury is impaneled." Bannon has been tried and convicted, so the power to dismiss has expired.
JUST IN: DOJ is trying to help Steve Bannon erase his conviction for defying a subpoena from the Jan. 6 committee. Motion has no career prosecutor on it, just signed by US Attorney Pirro. storage.courtlistener.com/recap/gov.us...
February 9, 2026 at 8:44 PM
Current state of law is more-complicated than this. The D.C. Circuit in United States v. Thorpe, 148 F.4th 768 (D.C. Cir. 2025) explained that a Rule 48(a) motion while a case is on direct appeal to #SCOTUS is allowable so long as SCOTUS first vacates under 28 U.S.C. § 2106. /1
I am an excellent husband, so waited until my wife returned from work travel to watch the new Muppet Show and omg you guys, 10/10, no notes.
February 9, 2026 at 3:25 PM
I am an excellent husband, so waited until my wife returned from work travel to watch the new Muppet Show and omg you guys, 10/10, no notes.
This is the same philosophy that plays "Born in the USA" at Trump rallies.
Green Day avoids making political statement during Super Bowl 2026 opening performance
Green Day avoids making political statement during Super Bowl 2026 opening performance
A rocking start to the Super Bowl.
pagesix.com
February 9, 2026 at 12:26 AM
This is the same philosophy that plays "Born in the USA" at Trump rallies.
Reposted by Sean Marotta
Emily in Paris with the candlestick
February 8, 2026 at 3:12 AM
Emily in Paris with the candlestick
"My friend on the other side."
Without naming your job, tell me something you say over and over again at work.
Maybe top three:
“Please answer the question.”
“…because he’s an asshole.”
“When I tell you ‘this is going to move slowly,’ whatever you think ‘slowly’ means, double it, and add six months.’”
Maybe top three:
“Please answer the question.”
“…because he’s an asshole.”
“When I tell you ‘this is going to move slowly,’ whatever you think ‘slowly’ means, double it, and add six months.’”
Without naming your job, tell me something you say over and over again at work.
"Whether that would be legal and whether that would be wise are two different questions."
"The ideal number of times for your client to have seen your penis is zero."
"Whether that would be legal and whether that would be wise are two different questions."
"The ideal number of times for your client to have seen your penis is zero."
February 8, 2026 at 3:15 AM
"My friend on the other side."
Reposted by Sean Marotta
Font nerds rejoice
February 6, 2026 at 11:53 PM
Font nerds rejoice
Reposted by Sean Marotta
Thanks to @abotoman.bsky.social for pointing out an appellate attorney announcement from the Central District of California:
federalpublicdefender.applytojob.com/apply/jobs/d...
@kenwhite.bsky.social will tell you what a great job the FPDs in that office do, and they have an awesome appellate unit!
federalpublicdefender.applytojob.com/apply/jobs/d...
@kenwhite.bsky.social will tell you what a great job the FPDs in that office do, and they have an awesome appellate unit!
JazzHR » Job Listings
federalpublicdefender.applytojob.com
February 6, 2026 at 5:48 PM
Reposted by Sean Marotta
The Middle District of Florida Federal Public Defender's Office is hiring an appellate attorney! One of my favorite offices, and flexibility over location within the district.
www.fd.org/sites/defaul...
www.fd.org/sites/defaul...
February 5, 2026 at 6:45 PM
The Middle District of Florida Federal Public Defender's Office is hiring an appellate attorney! One of my favorite offices, and flexibility over location within the district.
www.fd.org/sites/defaul...
www.fd.org/sites/defaul...
Reposted by Sean Marotta
Another! The District of Puerto Rico FPD Office is hiring an appellate attorney! Your wardrobe will include sandals for San Juan and a parka for oral argument trips to Boston!
www.fd.org/sites/defaul...
www.fd.org/sites/defaul...
February 5, 2026 at 1:40 AM
Another! The District of Puerto Rico FPD Office is hiring an appellate attorney! Your wardrobe will include sandals for San Juan and a parka for oral argument trips to Boston!
www.fd.org/sites/defaul...
www.fd.org/sites/defaul...
Reposted by Sean Marotta
i refuse to cede the em dash to ai. absolutely not you can pry that long thin line from my cold dead hands
February 5, 2026 at 5:31 PM
i refuse to cede the em dash to ai. absolutely not you can pry that long thin line from my cold dead hands
"Although the law is clear, deep-state actors in the federal government have for decades" thwarted me, I will write in my next brief.
As far as I know, this is DHS's first effort to explain their position that I-205 forms allow entry into the home. They rely on the dicta in the 1960 Abel case (before Payton) and re-imagine the plurality opinion in Lucas as if it were the majority (and then overrely on it).
February 5, 2026 at 1:48 PM
"Although the law is clear, deep-state actors in the federal government have for decades" thwarted me, I will write in my next brief.
Reposted by Sean Marotta
International Shoes of Dunshire
I finally got the latest version of my Civil Procedure Game! Now with a box, better cards, and individualized pawns and tokens..
February 4, 2026 at 4:32 PM
International Shoes of Dunshire
Reposted by Sean Marotta
Wow it sure looks like Judge Mark Wolf, a federal district judge in Boston, retired in order to end an inquiry into possible misconduct and then pretended he was retiring so he could speak out against Trump. Via the great @carriejohnson.bsky.social
www.npr.org/2026/02/04/n...
www.npr.org/2026/02/04/n...
Newly released court records reveal misconduct inquiry into federal judge
A federal judge said he retired to speak out about threats to the rule of law. Newly released court orders suggest his exit coincided with a misconduct inquiry that ended when he stepped down.
www.npr.org
February 5, 2026 at 12:00 AM
Wow it sure looks like Judge Mark Wolf, a federal district judge in Boston, retired in order to end an inquiry into possible misconduct and then pretended he was retiring so he could speak out against Trump. Via the great @carriejohnson.bsky.social
www.npr.org/2026/02/04/n...
www.npr.org/2026/02/04/n...
Reposted by Sean Marotta
The Middle District of Alabama Federal Public Defender's Office is hiring an appellate attorney!
That's a really good office in historic Fun-gomery -- announcment here: www.fd.org/sites/defaul...
That's a really good office in historic Fun-gomery -- announcment here: www.fd.org/sites/defaul...
February 4, 2026 at 8:40 PM
The Middle District of Alabama Federal Public Defender's Office is hiring an appellate attorney!
That's a really good office in historic Fun-gomery -- announcment here: www.fd.org/sites/defaul...
That's a really good office in historic Fun-gomery -- announcment here: www.fd.org/sites/defaul...